Myron Barlow and Arlene Barlow - Page 39




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          and is attributable to a tax-motivated transaction.  The                     
          increased rate of interest is effective with respect to interest             
          accruing after December 31, 1984, even though the transaction was            
          entered into before that date.  See Solowiejczyk v. Commissioner,            
          85 T.C. 552 (1985), affd. without published opinion 795 F.2d 1005            
          (2d Cir. 1986).  Section 6621(c) was repealed by section 7721(b)             
          of the Omnibus Budget Reconciliation Act of 1989, Pub. L. 101-               
          239, 103 Stat. 2399, effective with respect to returns the due               
          date for which is after December 31, 1989.                                   
               As indicated, additional interest applies only if an                    
          underpayment of tax is attributable to a tax-motivated                       
          transaction.  The term “tax-motivated transaction” is defined in             
          section 6621(c)(3) to include any valuation overstatement within             
          the meaning of section 6659(c), see sec. 6621(c)(3)(A)(i), or any            
          sham or fraudulent transaction, sec. 6621(c)(3)(A)(v).                       
               There is no dispute in these cases that petitioners’                    
          underpayment of tax for 1982 is attributable to tax-motivated                
          transactions within the meaning of section 6621(c)(3)(A).                    
          Likewise, there is no dispute that petitioners paid                          
          the additional interest under section 6621 that was assessed by              
          respondent and that petitioners have the opportunity in the                  
          present cases to contest their liability for such interest                   
          pursuant to the Court’s overpayment jurisdiction.  See sec.                  
          6512(b); Barton v. Commissioner, 97 T.C. 548 (1991).  It is in               






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